As discussed here, in August 2020, a district court for the Middle District of Tennessee held that a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (FDCPA) because the debt was not in default when it was placed with the extended billing office (EBO). On March 24, 2023, the Sixth Circuit affirmed that decision.
Read the Whole Story »
The Consumer Relations Consortium (CRC) has asked the California Department of Financial Protection and Innovation (DFPI) to remove language from the most recent iteration of its complaints and inquiries regulation to avoid creating personal liability for employees of covered entities. The CRC also suggested that to better serve consumers, the DFPI should allow electronic disclosures without an opt-in.
Read the Whole Story »
On April 3, 2023, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) published a broad and wide-ranging Policy Statement on Abusiveness (“Policy Statement”) meant to assist “government enforcers” in identifying and alleging abusive conduct in the marketplace under the Consumer Financial Protection Act of 2010 (CFPA), specifically 12 U.S.C. 5531(d). In doing so, the Bureau foreshadows a policy shift on the Unfair, Deceptive, or Abusive Acts and Practices (UDAAP) front, likely migrating away from the hallmark “Unfairness” and “Deception” elements of this principle in favor of a more nuanced prong titled “Abusiveness,” which will be easier to trigger.
Read the Whole Story »
